Why should a trade mark availability search be done?
If someone already has a similar mark which is used in relation to similar goods and/or services, the trade mark owner will probably be able to stop you using your trade mark and may also be able to claim damages from you. In addition, if you lodge an application which is confusingly similar to an earlier application or registration in the name of a different proprietor, the Registrar, when examining your application some 30 months after the date of filing, will refuse your application. This could have serious implications, particularly if you have spent considerable time and money building up your brand.
